Sonu Kumar @ Rocky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12624 of 2023 Arising Out of PS. Case No.-830 Year-2022 Thana- BIHTA District- Patna ====================================================== Sonu Kumar @ Rocky S/O Late Bhikhari Saw R/O Village- Mohrampur, P.S.- Bihta, Distt- Patna.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case in nutshell is that son of informant went to market and did not return. Later, on the disclosure of chowkidar informant went and found his son lying unconscious and blood oozing out. It it further alleged that it is strong suspicion against the petitioner and other co-accused persons that they

Patna High Court CR. MISC. No.12624 of 2023(2) dt.24-04-2023 2/3 committed murder of the son of informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he was apprehended on spot. There is no eye witness of the alleged occurrence. The name of petitioner sprang up in this case on basis of his self confessional statement. Except suspicion there is no cogent material evidence against the petitioner. Moreover, the petitioner is languishing in judicial custody since 09.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Chhote @ Amarjeet Kumar has been granted bail vide order dated 27.02.2023, passed in Cr. Misc. No. 65758 of 2022 by the Co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.12624 of 2023(2) dt.24-04-2023 3/3 and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bihta P.S. Case No. 830 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Danapur, Patna/Concerned Court.

(Sunil Kumar Panwar, J) Nirajkrs/- U T